Statement by the Minister Bathabile Dlamini of Social Development on protecting the rights and lives of people based on gender, sexual orientation and gender identities
It is this light that we take very seriously commentary that seems to suggest that the recent discriminatory laws passed in countries like Uganda and Nigeria may very well be the imposition of values by right-wing religious groupings from the United States of America. In fact, emerging analysis seems to indicate that the same groupings have been responsible for draft legislation in the US state of Arizona that would have legally protected any business person, from a doctor to the local grocery store owner from refusing to provide services to any person that they perceived to be gay, lesbian or transgendered.
Thankfully, the governor of Arizona vetoed this Bill, which was passed by the legislature of the State of Arizona. It is alarming that these so-called “religious liberty” laws have been pushed in many other US states by these groupings that seek to fuel hatred against Lesbian, Gay, Bisexual, Trans-sexual and Intersex (LGBTI) people. Similar laws have also been passed in some European and Asian countries, most notably, Russia and India.
I make this point as it is important to note that the source of these measures are not wholly African but may have their roots elsewhere. As South Africa, we always make the point that the laws that discriminate against women and LGBTI people in Africa, were colonial era laws, copied from the legal systems of the European colonisers.
These laws had similar ideological roots with laws that legitimised racism and it’s accompanying practices of slavery and land dispossession through colonialism. Remember racism which is essentially the ideology of white supremacy viewed black peoples as people who do not deserve protection by law which in turn legalised land robberies and even genocide in the process of colonial conquest across the globe.
It is for this reason that as the South African government and indeed the ANC we are concerned by measures that would strip any person or groups of persons from protection of national and international laws. More often than not, such moves to deny legal rights are accompanied by social and economic exclusion and also violence. We must also bear in mind that moves to remove the LGBTI community from legal protection is often accompanied by parallel moves to further entrench the discrimination of women, and this includes attempts to roll back the gains made by the global community when it comes to the rights of women. Over the last three years, there has been a concerted effort, led by the same right wing religious groupings referred to earlier, to roll back the human rights of women.
In Spain, there is currently a Bill being discussed that, if passed would barely enable women to have an abortion to save the life of the mother. NGOs linked to the religious right in Spain, Italy and America are mobilising for the sexual and reproductive rights of women to be excluded from the post-2015 development agenda. These rights have served to save the lives of thousands of women in Africa and if eroded will have disastrous consequences for the health and well being of women on the continent. Earlier this month, Uganda also passed ‘Anti-pornography and dress code’ legislation. Already, based on this law, women are being undressed in public and beaten for wearing short skirts, tight trousers and leggings.
These developments are indicative of the interrelated nature of the attacks on the LGBTI peoples and attacks on the rights of women. As South Africa we will continue to advance the rights of all people, irrespective of race, class, gender, religion, sexual orientation and gendered identities, here and abroad.
We do this not only because of the firm belief in the entrenchment of rights-based regimes as a contributor to the achievement of the ANC government’s internationalist goal of contributing to a better Africa and a better World, but also because we see this as part of our contribution to changing norms and consciousness about human rights issues especially those that seek to reduce violence against women and other forms of violence inspired by intolerance and ideologies of superiority. The developments of these norms are particularly important in our own country, where despite enabling legislation, we have unacceptable high levels of violence against women and the LGBTI community, especially black lesbians.
To conclude, let us also acknowledge that South Africa’s most strident and indeed most effective work on human rights in the international arena, especially in relation to the rights of women and the LGBTI peoples have been done over the last five years. As a cabinet minister engaged in the international and local spaces on these issues I am therefore appreciative of the support to do this, by President Jacob Zuma.
Enquiries:
Ms Lumka Oliphant
Cell: 083 484 8067
