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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

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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