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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A justification for these setbacks is often the manipulation of culture and religion, seeking to enforce outdated and discriminatory gender roles.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

UFS responds on the outcome of the court case in the alleged attack by Cobus Muller and Charl Blom on Gwebu
2014-09-09

The management of the University of the Free State (UFS) acknowledges the finding issued on 4 September 2014 by the South African Human Rights Commission (SAHRC) that it was “unable to find any corroborating evidence to make a conclusive finding of racism and violation of human rights” in the Muzi Gwebu case.

The university management also takes cognisance of the ruling in the Bloemfontein Regional Court by Regional Magistrate Rasheed Matthews today (9 September 2014) that both Cobus Muller and Charl Blom are found not guilty on all the charges which included reckless driving, crimen injuria, attempted murder and assault (Muller), and a charge of assault (Blom). We note the Magistrate’s concerns about “inconsistencies in the evidence and exaggerations”, that the complainant “displayed hostility throughout the trial” and that he was “not a reliable witness and is prejudiced.” And therefore, in the words of the Magistrate to the defendants, “I’ve decided to give you the benefit of the doubt.”

Both Muller and Blom were suspended from all campuses of the UFS on 19 February 2014 based on the evidence available at the time of reckless driving, assault and other charges. This evidence was further borne out by an internal investigation into the incident of 17 February 2014 on the Bloemfontein Campus. In the light of the evidence available to us at the time, and the volatile situation on campus in the days following the attack, the UFS management believes that it was the correct decision to suspend the students, given the serious nature of the charges, and pending a decision of the courts.

In the light of both the SAHRC ruling as the Regional Court ruling, the university management has decided to take the following steps:

1.    The suspensions of both Muller and Blom from all campuses of the university are lifted with immediate effect.

2.    Muller may attend a forthcoming graduation ceremony during which the degree BSc Construction Management will be officially conferred upon him. He completed all the requirements for the degree in 2013, but was not allowed to attend the graduation ceremony of 11 April 2014 due to his suspension and the fact that the criminal charges were still pending.

3.    Blom may return to the university to complete his studies.

4.    The UFS is in discussion with the parents of one of the students and, if required, would also meet with legal counsel of the university, as well as those of students Muller and Blom to discuss any further steps given the outcome of the court case.

5.    In short, on grounds of the ruling by die SAHRC, as well as the Bloemfontein Regional Court, the university will not continue with its disciplinary action against Muller and Blom.

Prof Jonathan Jansen, Vice-Chancellor and Rector of the UFS said: “This has been a very difficult time for the university and I am pleased to record that throughout the crisis, the student body on the Bloemfontein Campus showed remarkable restraint and discipline, confirming also the broad, non-racial character of the peaceful protests that followed. Our student body has matured and our campus cultures are much more inclusive and transformed as a result of the quality and depth of student leadership over the past few years. The new Student Representative Council (SRC) is a splendid example of this – with the first black woman President (Mosa Leteane) and the first blind woman SRC student leader (Louzanne Coetzee).”

“I am pleased that the matter is now behind us and, again, we rest with the decisions of the Commission and the Courts as final,” he said.

Prof Jansen also apologised on behalf of the UFS to Cobus Muller and Charl Blom, their parents, and their families, for the disruption that the suspension brought in their lives and for the stress they had to bear during this difficult period. “For that, I am truly sorry,” he said.


Issued by: Lacea Loader (Director: Communication and Brand Management)
Tel: +27 (0) 51 401 2584 | +27 (0) 83 645 2454
E-mail: news@ufs.ac.za

 

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