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14 June 2024 Photo supplied
Siyanda Magayana
Siyanda Magayana, Senior Officer: Gender Equality and Anti-Discrimination Office, Unit for Institutional Change and Social Justice, UFS.

Opinion article by Siyanda Magayana, Senior Officer: Gender Equality and Anti-Discrimination Office, Unit for Institutional Change and Social Justice, University of the Free State.


A Paradox of Pride

The month of June is International Pride Month, a time to celebrate and commemorate the strides that have been made by various LGBTQI+ persons and groups, as well as allies to decriminalise homosexuality world-wide. It is also a time that serves as a symbol of solidarity, visibility, and resilience for this community. However, against the backdrop of ongoing criminalisation, homophobia, transphobia, discrimination, and violence targeted at this group across the globe, the question arises: can we truly celebrate? The significance that Pride Month holds for all LGBTQI+ people is noteworthy on a global scale. During this month, LGBTQI+ individuals are afforded the opportunity to affirm their identity, honour, and commemorate history, while equally advocating for equality in the volatile times on our continent and beyond.

However, it is important to note that despite the strides that have been made to recognise, legalise, and protect lesbian, gay, bisexual, transgender, and other non-normative identities world-wide, LGBTQI+ individuals in Africa and globally continue to experience a complex mix of emotions. In Africa and globally again, even in counties like South Africa where same-sex relationships and marriages are legally recognised, violence, discrimination, resistance, and harassment remain prevalent issues for this community. This is indicative of the life-long struggle for equality and safety for LGBTQI+ individuals, underscoring the need for continued advocacy and support. Likewise, while Pride Month may offer a chance to commemorate moments of resilience, solidarity, and triumph, it equally serves as a stark reminder of the ongoing realities of being subjected to daily violence, rejection at home and by the system, and different forms of discrimination.

The Context of Criminalisation

There has been a surge in the criminalisation of same-sex relationships in several African countries, and worldwide – the most recent and most-talked-about being Uganda. Outside of religious arguments, the criminalisation of homosexuality and homosexual acts in Africa is often justified by claims that denote it as a foreign concept that undermines the history, traditions, and sovereign culture and foundations of the continent.

Consequently, many countries enforce severe punishments, including imprisonment and death sentences, for those found guilty of practising homosexuality. These laws represent a gross violation of human rights and contribute to a social crisis marked by stigma, fear, and violence against gender non-conforming and LGBTQI+ individuals. Likewise, as sentiments that argue that same-sex attraction and relationships are ‘un-African’ and a ‘Western import’ persist, the marginalisation and discrimination the LGBTQI+ community will continue, further entrenching their vulnerability within our societies. In addition, the criminalisation of same-sex identities and relationships has far-reaching and devastating effects on LGBTQI+ individuals globally. These effects permeate every aspect of their life, threatening not just their personal safety and freedom, but also their mental health and well-being, as well as access to justice and economic opportunities.

Impact on Human Rights and Dignity

The impact of the criminalisation of homosexuality on the human rights and dignity of gender non-comforting and non-normative identities cannot be overstated. It has far-reaching consequences for not only human rights and dignity, but also for social justice. The systemic oppression that continues to subject and deprive LGBTQI+ persons of their inherent right to freedom of expression, autonomy, and dignity, as enshrined in the constitution and global policies, calls for a national and international awakening for all. LGBTQI+ rights are equally human rights, and they are similar to the rights of those who are perceived to have ‘normative’ identities, such as heterosexual individuals.

Moreover, just as lesbian, gay, bisexual, transgender and other identities have the right to live freely, express their love and pursue relationships without fear of violence, being jailed, or discrimination, so too should LGBTQI+ individuals. And, amid the criminalisation and ongoing chastising of LGBTQI+ identities world-wide, it is crucial to remember that their rights are not special privileges, but rather ensuring that everyone, regardless of gender identity and sexual orientation ought to be protected and enjoy the same freedoms and same rights.

Celebrating with Resilience and Solidarity

Although celebrating pride month is often fraught with complexities and challenges, it is still a time to reflect, celebrate and be courageous in the fight against gender inequality, discrimination, violence, and justice continues. This month, globally, continues to symbolise the resilience for LGBTQI+ individuals as they assert their right to exist fully, openly, and authentically. Therefore, amid the ongoing criminalisation and violence, it is crucial that we stand in solidarity, protect, and amplify the voices of the LGBTQI+ community by repealing any discriminatory laws that seek to erase and undermine their rightful existence. Furthermore, it is imperative that anti-discriminatory laws that safeguard everyone’s rights – regardless of gender identity and sexual orientation continue to be applied equitably.

In conclusion, pride month is a dual faceted observation for many. On the one hand, it is a time that is filled with joyous parades and reflective dialogues celebrating how far the LGBTQI+ community and movement has come. On the other hand, amidst criminalisation of queer identities, it is a sombre time for many who have been, and continue to be, subjects of violence, rejection, ridicule, and discrimination because of their gender identity and sexual orientation. As we celebrate this annual initiative, it is important for us to remember and support those who cannot do so openly, continue to advocate for a society where everyone, regardless of their gender identity and sexual orientation can live freely and openly without fear.

News Archive

Protection of Information bill- opinions from our experts
2011-11-28

Prof. Hussein Solomon
Senior Professor in the Department of Political Science at the University of the Free State. 

In recent years, given their failure to effectively govern, the ANC has become increasingly defensive. These defensive traits have become particularly acute in light of the various corruption scandals that members of the ruling party involve themselves in.
 
Given the fact that for now they are assured of an electoral majority (largely on account of their anti-apartheid credentials), coupled with the fact that they have managed to make parliament a rubber stamp of the executive as opposed to holding the executive accountable, it is the media which has increasingly held the ruling party to account by exposing such corruption and incompetence in government.
 
The passing of the information bill, therefore, is not merely an attack on the media, but an attack on the pivotal issue of accountability. Without accountability, there can be no democracy.
 
By defining national interest broadly, by refusing to accept a public interest clause in the bill, the ANC increasingly shows its disdain to South Africa's constitution and its citizens.
 
More importantly, as former Minister of Intelligence and ANC stalwart Ronnie Kasrils pointedly makes clear, the ANC is also betraying its own noble struggle against the odious apartheid regime. It was the media which played a key role in exposing apartheid's excesses, it is the same media which is coming under attack by the heirs of PW Botha's State Security Council - Minister of State Security Siyabong Cwele and his security apparatchiks whose mindsets reflect more Stalin's Gulag's than the values of the Freedom Charter.
 
The passing of this bill is also taking place at a time when journalists have had their phones attacked, where the judiciary has been deliberately undermined and parliament silenced.
 
Democrats beware!

 
Prof. Johann de Wet
Chairperson: Department of Communication Science 
 
The ANC’s insistence on passing the Protection of State Information Bill in its current form and enforcing it by law, means that the essence of our democratic state and the quality of life of every citizen is at stake.
 
Yes, our freedom as academics, researchers, mass media practitioners and citizens comes into play. Freedom implies the right to choose and is, along with equality, an underlying principle which helps make democracy happen. While the South African state needs to protect (classify) information which could threaten its security and/or survival, the omission of a public interest clause in the Bill at this stage effectively denies a citizen the right to freedom of information.
 
 Freedom of information, along with press freedom, freedom of speech, freedom of assembly, freedom of association and religious freedom, are essential to democracy. These freedoms are granted because they conform to basic liberal ideas associated with (Western) democracy and which resonate with South Africa’s liberal constitution, such as (1) belief in the supreme value of the individual (and thus not of the state); (2) belief that the individual has natural rights (rights which belong to all human beings by nature – such as the right to life and to control government)) which exist independently of government, and which ought to be protected by and against government; and (3) recognition of the supreme value of the individual. 
 
One wonders how many cases of South African government corruption and mismanagement would have been uncovered by investigative journalists over the past number of years if this Bill in its current form was on the statute books. This Bill represents a backward step from the promise of democracy of having an informed public. The former National Party government had similar laws in place and one does not want to go there again. The infamous Information Scandal in South Africa of some thirty years ago, or Muldergate as it has come to be known, reminds one of what governments can do when it works clandestinely.
 
What South Africans need, is more information on what government structures are doing and how they are doing it with taxpayers’ money, not less information. While information in itself does not equal communication or dialogue, it is an indispensable part thereof, and the need for dialogue based on verifiable information is urgent for meeting vexed challenges facing South African communities. Academics in all fields of specialisation are constantly in need of untainted information to pursue answers and/or offer solutions to where South Africa should be moving in all spheres of life.

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