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A complex celebration of Pride Month amidst criminalisation of LGBTQI+ identities

14 June 2024 Photo supplied

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

Twenty years of the constitution of South Africa – cause for celebration and reflection

2016-05-11

Description: Judge Azar Cachalia Tags: Judge Azar Cachalia

Judge Azar Cachalia

The University of the Free State’s Centre for Human Rights and the Faculty of Law held the celebration of the twentieth anniversary of the adoption of the South African Constitution on 11 May 2016 on the Bloemfontein Campus. Students and faculty members celebrated and reflected on not only the achievements of the constitution but also on perspectives regarding its relevance in modern society, and to what extent it has upheld the human rights of all citizens of South Africa.

The panel discussion started with a presentation on the pre-1996 perspective by Judge Azar Cachalia of the Supreme Court of Appeal. Judge Cachalia reflected on his role in the realisation and upholding of the constitution, from his days as a student activist, then as an attorney representing detainees during political turmoil, and currently as a judge: “My role as an attorney was to defend people arrested for public violence. My role as a judge today is to uphold the constitution.” He stressed the importance of the constitution today, and the responsibility institutions such as the police service have in upholding human rights. Judge Cachalia played a significant role in drafting the new Police Act around 1990, an Act which was to ensure that the offences perpetrated by the police during apartheid did not continue in the current democratic era. Further, he pointed out that societal turmoil has the potential to make society forget about the hard work that was put into structures upholding human rights. “Constitutions are drafted in moments of calm. It is a living document, and we hope it is not torn up when we go through social conflict, such as we are experiencing at present.”

Thobeka Dywili, a Law student at the UFS, presented her views from the new generation’s perspective. She relayed her experience as a student teaching human rights at schools in disadvantaged communities. She realised that, although the youth are quite aware of their basic human rights, after so many years of democracy, “women and children are still seen as previously disadvantaged when they should be equal”. She pointed out that, with the changing times, the constitution needs to be looked at with a new set of eyes, suggesting more robust youth engagement on topics that affect them, using technology to facilitate discussions. She said with the help of social media, it is possible for a simple discussion to become a revolution; #feesmustfall was a case in point.

Critical perspectives on the constitution were presented by Tsepo Madlingozi of University of Pretoria and University of London. In his view, the constitution has not affected policy to the extent that it should, with great disparities in our society and glaring issues, such as lack of housing for the majority of the poor. “Celebration of the constitution should be muted, as the constitution is based on a decolonisation approach, and does not directly address the needs of the poor. The Constitutional Court is not pro-poor.” He posed the question of whether twenty years on, the present government has crafted a new society successfully. “We have moved from apartheid to neo-apartheid, as black elites assimilate into the white world, and the two worlds that exist have not been able to stand together as a reflection of what the constitution stands for.”

Prof Caroline Nicholson, Dean of the Faculty of Law, encouraged more open discussions, saying such dialogues are exactly what was intended by the Centre for Human Rights. She emphasised the importance of exchanging ideas, of allowing people to speak freely, and of sharing perspectives on important issues such as the constitution and human rights.

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