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24 February 2025 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.

The recent executive order by US President Donald Trump to defund and dismantle Diversity, Equity and Inclusion (DEI) initiatives is more than just a bureaucratic shift. It is a declaration of whose lives matter and whose do not. Removing DEI initiatives and policies, notably, those that centre on marginalised groups, racial minorities, and LGBTQI+ individuals does not erase their struggles and existence in our society. Instead, it exposes the entrenched unwillingness of power structures to validate and acknowledge these realities. The fact that some leaders feel they can simply ‘tick off’ or ‘untick’ human rights and social justice efforts from policy reveals just how expendable these communities are perceived to be.

We need to be clear, erasure at a systemic level does not translate to actual erasure. Marginalised people such as women, queer individuals, black and brown individuals, disabled people will continue to exist, resist, and demand their space, regardless of this order. The removal of systemic and/or institutional recognition and support does not make discrimination disappear. Instead, it amplifies their oppression by stripping away their right to exist, and legal protections that have been fought for, for decades. We cannot have one person deciding to erase the fight of numerous people in just a matter of weeks.

These policies and initiatives were primarily designed to address systemic inequalities and create spaces where historically marginalised groups could thrive. These initiatives of redress were not just for the benefit of the marginalised only, they were for everyone. Therefore, the dismantling of these initiatives will perpetuate and recreate unjust and unequal environments for all.

What is the impact for the Global South?

It is almost tempting to think that the dismantling of DEI initiatives in the US is an isolated issue with no direct impact on our realities in the Global South. However, that assumption is both naïve and dangerous. The ripple effects of regressive policies and initiatives in powerful nations often influences global attitudes, social narratives, and funding. The move by the US devalues global perceptions and the importance of having DEI initiatives in, and for other governments; and there is a possibility of these institutions disregarding and/or following suit in their own countries.

For black and other racially marginalised communities in the Global South, particularly in Africa, this is alarming. It needs us to ask the question, if major global powerful entities dismantle such initiatives and no longer prioritise DEI, what does it mean for marginalised groups and identities within our countries and communities? It reinforces the idea that the oppression of certain groups is not a crisis, but a norm. In the same way, it weakens the push for LGBTQI+ rights, gender equality and racial justice, which are already met with precarious conditions in many countries due to their colonial legacies, systematic inequalities, and conservative cultural norms.

Impact on the diversity of women

The dismantling of DEI policies and initiatives does not only, unfortunately, impact non-normative or those identifying outside of heteronormativity or the gender binary. It also disproportionately affects women, especially those who face intersecting forms of discrimination. For instance, for black women who are already navigating the dual burden of racism and sexism; the dismantling of DEI programmes translates to fewer systemic protections against workplace discrimination, less access to leadership roles, and diminished support for reproductive justice. This extends to women of all races, ethnicities, and backgrounds; no woman is exempt from this decision.

This is even more damaging for non-binary, and trans identities as it reinforces rigid gender norms that limit their autonomy, agency, and expression. It further signals a broader societal regression that undermines the existence and rights of these groups, as well as the progress made towards gender equality and sexual freedom for all.

Men, too, of all races, identities, and backgrounds are affected by the dismantling of DEI initiatives. For instance, black men are already subjected to systemic racism, and as a result of this they are vulnerable to losing economic opportunities and educational equity benefits as initiatives set up to address systemic inequalities. Similarly, the systems that deny trans rights enforce toxic masculinity, thus punishing and discriminating against anyone who deviates from heteropatriarchal and narrow gender norms. As such, white men, for instance, who identify outside of the gender binary and heteronormativity are equally going to be affected.

While it may appear that the dismantling of DEI policy exclusively affects trans individuals and those that identify outside of the gender binary, their removal sets a dangerous precedence for everyone, including cisgender men and women. The erasure of non-normative identities and systems that affirm and acknowledge them are not just about gender identity, but more about controlling how gender is expressed, who gets to belong, and who is deemed worthy of rights and dignity.

“Discrimination Does Not Know Your Postal Address”: Discrimination Against One is Discrimination Against All"

Prejudice can and does affect anyone, anywhere – therefore, it is a dangerous myth that we can selectively uphold human rights. That we can, for instance, advocate for black liberation while turning a blind eye to the struggles of queer, trans and other marginalised groups. That we can rightfully fight for gender equality while remaining silent when non-normative and gender diverse populations’ rights are erased. And similarly, that we can advocate for diversity but only when it is convenient, comfortable, and easy to digest.

It is high time we realise that discrimination is never just directed at a single group, but rather, it is about the broader systems of power we exist in that decide who gets to exist fully and who does not. If these initiatives and support for gender diversity and other minority groups are removed from policy and other critical institutions, then tomorrow, it could be you or any other entity that seemingly no longer fits within the acceptable limits of the norm and/ binary.

The erasure of DEI frameworks and rights of gender diverse persons in the US is not a problem isolated from ours as a collective, it is ours, too. It serves as a warning sign that marginalisation and discrimination is becoming more acceptable, normalised, and institutionalised.

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News Archive

Resource Manual on Trafficking in Persons for Judicial Officers sees the light
2012-03-27

 

Judge Connie Mocumi, President of the South African Chapter of the International Association of Women Judges (SAC-IAWJ), during the launch of the Resource Manual on Trafficking in Persons for Judicial Officers.
Photo: Leonie Bolleurs
27 March 2012

On Human Rights Day the Department of Criminal and Medical Law in the Faculty of Law at the University of the Free State (UFS) hosted the launch of the Resource Manual on Trafficking in Persons for Judicial Officers compiled by the South African Chapter of the International Association of Women Judges (SAC-IAWJ).

The manual, which will be used by members of the South African judiciary, will equip officials in adjudicating the multifaceted crime of human trafficking.

“Presiding officers must be sensitised about the complexity of the crime. Human trafficking has many faces and presents itself in different ways. A person may for example be trafficked for sexual exploitation, forced labour, the removal of body parts, as well as forced marriages. Expert knowledge is needed to handle these cases effectively in court,” said Dr Kruger, also responsible for the human trafficking initiative in the Unit for Children's Rights at the UFS.

Prior to the launch, a total number of 300 judicial officers, including six judges from the Southern African Development Community (SADC) received training on human trafficking. After receiving this training, the officers were sensitised to scrutinise domestic violence cases as well as inter-country adoption cases in order to identify possible human trafficking activities.

As keynote speaker at the launch, Dr Beatri Kruger from the Department of Criminal and Medical Law at the UFS, said that human traffickers were running operations like a well-oiled machine. They have abundant and sophisticated resources and often bribe corrupt officials to further their criminal activities. In South Africa, people combating human trafficking struggle with a lack of resources as well as comprehensive legislation. Most cases are prosecuted under the Children’s Act and the Sexual Offences Amendment Act of 2007. Unfortunately, this legislation still leaves a gap in the prosecuting of perpetrators. Only trafficking cases where where children are trafficked can be prosecuted under the Children’s Act. In terms of the Sexual Offences Amendment Act perpetrators can be prosecuted for trafficking persons for sexual exploitation only, and not for labour of other forms of trafficking. Therefore the comprehensive Prevention and Combating of Trafficking in Persons Bill 2010 needs to be finalised to cover all forms of trafficking.

There are more slaves today than at any time in the history of humankind. “To combat this serious problem, we need to follow a holistic approach,” said Dr Kruger. This includes prevention (raising awareness), effective prosecution and suitable punishment, the protection of victims, and partnering with all relevant stakeholders, including people in the communities. Community members are often whistle blowers of this crime.

The President of the SAC-IAWJ, Judge Connie Mocumi, handed copies of the manual, a three-year project, to judicial officers present at the launch. The manual covers, among others, the definition of trafficking in persons, trafficking in persons in South Africa and the Southern African region, a legislative framework, victims’ rights and criminal proceedings.

“It is critical that judicial officers appreciate the phenomenon of trafficking in persons in its broader socio-economic context. Therein lays the ability to deal competently with the often-nuanced manifestation of this scourge. The incapacity to recognise these nuances can deny victims access to justice. In that regard, the manual, amongst others, is to become an important empowering adjudication tool for judicial officers,” said Judge Mocumi.

More copies will be printed and be ready for distribution by the beginning of May this year.

Judge Belinda van Heerden, who also attended the launch, said: “There is progress on the judicial and legislative front to bring wrongdoers to book. This manual will go a long way in giving judicial officers insight into the problem.”

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