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A justification for these setbacks is often the manipulation of culture and religion, seeking to enforce outdated and discriminatory gender roles.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

Centre for Human Rights at UFS geared to make impact in the region
2017-03-02

Description: Centre for Human Rights  Tags: Centre for Human Rights

SAHRC situated in the Mabaleng building,
Bloemfontein Campus
Photo: Hannes Pieterse

After approval by the Rectorate, Senate and Council of the University of the Free State (UFS), the Free State Centre for Human Rights (FSCHR) began operations on 1 January 2016 on the Bloemfontein Campus, under the leadership of Prof Leon Wessels, founding member of the South African Human Rights Commission (SAHRC) as the Acting Director of the centre.

Human rights remain, undoubtedly, the dominant moral and political language of our times and thus demands multi-layered scholarly engagement as it influences national and international relations, and sets standards for political and democratic practice.

Establishment of centre fulfilment of court order
Top on the centre’s agenda will be to resolve the debate with the SAHRC relating to the February 2011 post-Reitz agreement of the UFS, which was subsequently made an order of the Equality Court. This order compelled the UFS to establish such a centre. The FSCHR presents new opportunities for cooperation between the FSCHR, the SAHRC and other stakeholders to the benefit of the UFS and the broader community.

Three divisions of the centre to achieve its mandate
The centre consists of three inter-related divisions with the potential to stimulate critical scholarship in the field of human rights through its postgraduate and research division. This is reflected in the centre’s mission to deepen the study of human rights and further its praxes by developing novel methodologies in which traditional human rights issues can be complemented by interdisciplinary and multi-disciplinary approaches.

The Advocacy division of the centre will promote human rights among UFS staff and students, and the surrounding community. The aim is to establish a vibrant human rights culture in and across all campuses in which rights of all are respected and protected.

The Legal Services division will provide trustworthy legal services to individuals and groups whose fundamental rights have been abused, to improve the professional capacity of paralegals, students, counsellors, social workers, candidate attorneys and attorneys, equipping them to deal with cases of infringement of constitutional and human rights and to increase access to justice to rural and indigent communities in the Free State.

Centre key in positioning UFS as a regional leader in human rights issues
The centre, with its inter- and multi-disciplinary approach, has the potential to become one of the flagship projects of the UFS, and will strengthen both the Academic and Human Projects. A UFS human rights centre not only makes sound scholarly and practical sense, it also has limitless symbolic value. The location of one of UFS’s campuses within the city of Bloemfontein (the judicial capital of South Africa) and having partnered with the National University of Lesotho (NUL), is historically and geographically significant. This has a great impact on the UFS, the Free State province as a whole, and the Kingdom of Lesotho.  

The FSCHR will be officially launched on 14 March 2017 with Professor Bongani Majola, newly elected chairperson of the SAHRC, as guest speaker.

For further information on the work of the centre, please contact FSCHR@ufs.ac.za / +27 51 401 7216.

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