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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 world is experiencing a surge in backsliding on human rights, particularly for women and marginalised individuals and communities. Across the continent, hard-won freedoms are being stripped away, raising the question – whose rights really matter? From Iran to Africa, to Afghanistan to the United States, we are witnessing a systematic erosion of rights for women and gender-diverse persons under the guise of culture, religion, sovereignty, tradition, and political convenience.

 

In Afghanistan, for instance, the Taliban’s return to power has led to the near-total eradication of women from the country’s public life, i.e., banning them from the workplace, from getting an education, restricting how they dress, and even banning them from public spaces without a male guardian. In addition, in Iran, we see the brutalisation of women protesting for bodily autonomy following the death of Mahsa Amini, highlighting the deadly consequences of gender oppression. Even in so-called liberal democracies such as the US – the repeal of Roe vs Wade, which highlighted the fragility of women’s rights as governments roll back on reproductive rights and freedoms.

Africa, as a continent, is not exempt from this wave of regression. For instance, in Sudan, the continuing conflict has disproportionately affected women, with various reports of sexual violence growing. Even in stable democracies, restrictive abortion laws and patriarchal traditions continue to suppress women’s agency and autonomy. This regression is not just a legal one, but also cultural, as it is sustained by prevailing societal norms and standards that uphold gender inequality.

A justification for these setbacks is often the manipulation of culture and religion, seeking to enforce outdated and discriminatory gender roles. Followed by arguments such as ‘our forefathers had no problem with women not working because they supported them’, or ‘men are the heads of the household, as stated in religious and cultural teachings’, are used to defend and justify the systemic oppression of women’s and other vulnerable groups’ rights. These endemic narratives not only ignore the varying socio-economic realities that demand women’s and other diverse groups’ economic participation but also dismiss their agency. When culture and religion are weaponised to justify oppression and violence, they stray far from their true essence, which is compassion, mutual respect, and justice.

LGBTQI rights under threat

Beyond the regression in women’s rights, the LGBTQI+ community faces escalating persecution. For instance, Uganda’s anti-homosexuality act, which includes harsh penalties – even the death sentence – for same-sex relationships, reflects an alarming trend of state-sponsored homophobia. Similarly, this can be seen in Ghana, where proposed legislation seeks to criminalise LGBTQI+ identities entirely. These policies not only deny people their basic right to humanity but also embolden violence and discrimination against non-heterosexual individuals.

This regression is not limited to African nations. In countries such as Russia, for instance, LGBTQI+ activists are silenced through outdated laws, while in the US, there is an evident rise of anti-trans laws. These laws and targeted attacks on marginalised communities are evidence of a broader and more insidious attempt to control, erase, and dictate identity, behaviour, and personal rights and freedoms.

The question of masculinity, fear, and the regression of rights

A key driver of this regression and repression is the ‘masculinity anxiety’ or ‘crisis of masculinity’, which is the perception that traditional masculinity is being challenged, threatened, or devalued in modern society. This anxiety may stem from global cultural shifts regarding gender roles, the advancement of women’s rights, and the protection of gender-diverse people, which are often framed as attacks on traditional masculinity and male authority. Many men, for instance, conditioned by patriarchal systems, feel displaced when women gain independence and when gender roles evolve beyond rigid binaries.  This fear manifests in resistance to gender equality, as well as the vilification of LGBTQI+ individuals.

However, this perception is deeply flawed and problematic. Masculinity does not and should not rely on the oppression of others. Men are not made weaker by women’s empowerment or by the protection of LGBTQI+ rights, as is the current rhetoric; on the contrary, societies that support gender equality and inclusivity are more stable, humane, and safer. The discourse around masculinity must shift from one of dominance and control to one of mutual respect, partnership, and shared progress.

Therefore, instead of clinging to outdated notions of manhood, we need conversations that redefine masculinity in a way that embraces emotional intelligence, care, and the ability to exist alongside women and gender-diverse individuals without feeling threatened. Initiatives promoting positive masculinity, mentorship for (young) men, and education on gender equity are critical to dismantling these harmful fears and replacing them with a framework and discourse that sees strength in equality rather than opposition to it.

The impact of rights regression

The regression in human rights has profound consequences, both at a local and global level. When women are denied access to education, reproductive rights, and economic opportunities, the entire economy is susceptible to stagnation and/or collapse. And, where LGBTQI+ rights are criminalised, there is a risk of repealing the freedom of expression, leading to increased systemic and individual violence, discrimination, and harassment. The Global South, in particular, is vulnerable to these backward shifts, as weakened legal protections and entrenched conservative ideologies and practices make it difficult to push back against state repression.

In South Africa, for example, the regression of women’s rights is manifesting in a particularly violent manner. GBV and sexual violence have reached crisis levels, threatening the very existence of women; femicide incidents are also among the highest globally. The failure to address these crimes reflects a broader societal problem, which is the normalisation of violence against women and gender- and sexually diverse individuals, and subsequently, the lack of accountability for perpetrators. When women and other vulnerable groups live in constant fear for their safety, their freedoms are curtailed, and the promise of gender equality becomes hollow rhetoric.

What can be done?

As a nation, we must refuse to be silent and to be silenced; human rights are critical to the prosperity of not just the nation’s economies, but also its people. Civil organisations, institutions of education, grassroots movements, and other relevant stakeholders must continue to resist the removal of the rights of women and marginalised groups. Additionally, we need to change the narrative; the rights of women, children, LGBTQI+, and other marginalised groups are not foreign or ‘Western’ concepts imposed on Africa, they are universal human rights. By framing equality and freedom within African values and discourse, we can challenge regressive ideologies from within.

Equally, education remains our most powerful tool, therefore we must continue to invest in teaching about creating an equal, safe, just, and tolerant society that ensures that the next generation does not repeat the mistakes of the past. The global retreat of human rights is a warning sign to all of us; if we do not act now, the freedoms and rights we take for granted today may not exist tomorrow.

News Archive

B. Iur. programme in Occupational Risk Law first of its kind in the country
2010-11-26

The University of the Free State (UFS) will offer a B.Iur. degree programme in Occupational Risk Law from 2011.

This programme of the Faculty of Law is the first of its kind to be offered in South Africa and positions the UFS in the forefront of this field of study.

The programme is designed to develop and qualify professionals, knowledgeable in the field of occupational risk law as prescribed by South African legislation and international best practices. It further offers a qualification based on a well-researched basis of applicable legal principles, combined with safety, health, environmental and quality risk management principles applicable to employers and employees in a specialised industry.

The B.Iur. (Occupational Risk Law) has been developed by experts within the parameters of international comparability, according to research-based identification of career demands and requirements in the fields mentioned.

By introducing this programmesignificant progress will be made towards achieving the nationally stated objective of legal safety, health and environmental quality assurance in the workplace and within the broader community. The programme will also encompass the values and standards prescribed by the Institute of Safety Managers. This will provide them with a further step towards the regulation of the professional en ethical standards in the field of legal safety, health and environmental quality assurance.

With the programme, the UFS not only creates a unique opportunity for stakeholders and learners to add meaningful value to their careers, but also exerts a meaningful influence on the industry and society in terms of the acquisition of a most appropriate type of qualification. The B.Iur. (Occupational Risk Law)degree therefore offers a meaningful contribution towards the industry through addressing the increasing demand for career opportunities in the field of legal safety, health and environmental quality compliance.

The new programme is the result of an agreement between the faculty and its partner, IRCA Global. The university officially launched its partnership with IRCA Global, an international supplier of risk management solutions pertaining to safety, health, the environment and quality in 2008. As part of the agreement, the UFS will offer short learning programme, a diploma and a degree in Risk Management.

IRCA Global is a South African company in the international risk control and SHEQ environments with filials in Africa, Australia, India, Eastern Europe, and South America.

In the interim IRCA Global has continued with the marketing of the programme, with the result that hundreds of potential students are waiting for the launching of the programme. The faculty is geared towards offering the programme in e-learning. New modules will also be offered with the help of IRCA’s trained and skilled facilitators. The faculty also utilises the partnerships entered into with IRCA to appoint practising specialists as part-time lecturers for the occupational risk law component of the programme as well as to develop a new specialist component amongst the permanent staff.

The programme is already active and students can register for the first semester 2011 (study code 3324, programme code M3000). Direct your enquiries to Cora-Mari de Vos at 051 401 3532 or devosc@ufs.ac.za.

The programme consists of fundamental modules of the LL.B. and B.Iur., as well as short learning programmes in the Faculty of Law and specially developed core modules in occupational risk law. The B.Iur.in Occupational Risk Law enables successful candidates to enrol for applicable Post Graduate Diplomas or a cognate Honours Degree. Obtaining one of these qualifications provides the platform to articulate to Magister degrees. Horizontal articulation possibilities exist with the accredited Baccalaureus of Law (LL.B.) which is presented by several institutions in the country.

Media Release
Issued by: Lacea Loader
Director: Strategic Communication (actg)
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: loaderl@ufs.ac.za
26 November 2010

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