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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

Dean of Law appointed for second term as acting judge in the Free State High Court
2017-02-17

Description: Prof Nicholson  Tags: Prof Nicholson

Prof Caroline Nicholson, Dean of the Faculty of Law

The Dean of the Faculty of Law, Prof Caroline Nicholson, has been re-appointed by the Judge President of the Free State High Court, Judge Mahube Molemela, to serve a full term in 2017 as an acting judge. This will be her second term, as she served in the same position in early 2016, and it is such, a testament to her outstanding work. Her re-appointment is a source of pride not only to the University of the Free State, but the city of Bloemfontein, and the region as a whole.

Since taking up the position of Dean in 2015, Prof Nicholson has demonstrated exceptional leadership, and continues to take great strides in developing the Faculty’s internal and external programmes. “I am delighted that the University has facilitated my taking advantage of this opportunity. During this term, I will be exposed to a diversity of legal matters both civil and criminal, some of which I was not exposed to during my previous acting period. The exposure to the practical aspects of the law from the perspective of the Bench will inform my decisions regarding curriculum review and development, at a time when the faculty is actively engaged in ensuring that curriculum content is both relevant and context-appropriate,” said Prof Nicholson.

She adds that her appointment as acting judge will strengthen the Faculty’s positive relationship with the legal profession and, especially with the Bench. It will also benefit the Faculty, its staff and students.  In 2015, the Faculty partnered with the International Association of Women Judges (Free State Chapter), to host a dinner, which will be hosted again this month. The association brought to the fore new ventures into the involvement of women judges in an advisory capacity and sharing of expertise. In 2016, members of the association began to enact this role.

Judge Molemela and Judge Azhar Cachalia of the Supreme Court of Appeal accepted appointments to the Advisory Board of the Free State Centre for Human Rights. Judge Khalipi “Jake” Moloi of the Free State High Court in Bloemfontein, gave trial advocacy tips to teachers, coaching the Schools Moot Court Competition. Prof Nicholson said: “It is hoped that more opportunities will arise to increase interaction between students and the judiciary, both are eager for this to happen. I am also learning a great deal and am once again enjoying the collegial and supportive environment that my colleagues create at the High Court.”

Prof Nicholson holds an LLD from University of South Africa, and has published several research articles in accredited journals, with a special interest in Family Law and children’s rights.

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