In line with the Constitution of the Republic of South Africa of 1996 and commitment to the promotion and protection of human rights, the Department of Justice and Constitutional development (DOJ&CD) supports The International Day Against Homophobia, Biphobia and Transphobia (IDAHOBIT). This day is commemorated annually on May 17 and coordinated by the Paris-based "IDAHOBIT Committee", founded and presided over by Frenchman Louis-Georges Tin.
May 17 was the day that homosexuality was removed from the International Classification of Diseases of the World Health Organization (WHO) in 1990. The day aims to coordinate international events that raise awareness of LGBT rights violations and stimulate interest in LGBTI rights.
These kinds of initiatives are significant in our quest to deal with violence emanating from intolerance and disrespect for human rights. Gender based violence and hate crimes are a direct assault on both the right to life and human dignity.
The Constitution enshrines a rights-based approach and envisions a prosperous, non-racial, non-sexist democracy that belongs to all its people. Healing the wounds of the past and redressing the inequities caused by centuries of exclusion are constitutional imperatives. South African is one of the 94 countries which signed an LGBT rights Declaration in the General Assembly, sponsored the 2011 LGBT rights resolution in the United Nations Human Rights Council (UNHRC).
The United Nations Human Rights Council passed its first resolution recognizing LGBT rights, which was followed up with a report from the UN Human Rights Commission documenting violations of the rights of LGBT people, including hate crime, criminalization of homosexuality, and discrimination.
The department remains committed to the ideal of a human rights-based society as envisaged in the Constitution, particularly the Bill of Rights. Several pieces of legislation such as the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 have been developed and enacted to deal with discriminatory elements. This law protects all the people living in South Africa against unfair discrimination and forbids hate speech and harassment.
The introduction of the Equality Courts created conducive platforms where victims of discrimination could seek justice. Equality courts were established to ensure that reported cases of alleged unfair discrimination are dealt with to ensure justice for all. The department urges the public to use the equality courts to protect their human rights which are easily accessible.
As indicated in various forums by the leadership of the department, on a regular basis there are numerous attempts to sensitize the court personnel of the dynamics involved in dealing with LGBTI cases. Sessions are organized in many of our courts to dismantle stereotypes and mindsets that infringe the constitutional rights of the LGBTI persons as they engage with the court system.
The department has reorganised its functions pertaining to the prioritisation of human rights matters and has transferred the function of coordination of the protection and promotion of the rights of LGBTI persons to the newly established Branch called Constitutional Development to be led by a Deputy Director-General.
A National Task Team meeting comprising civil society organisations, government departments and chapter 9 institutions will be called very shortly to urgently and decisively continue the important work given to them by the Minister.
Homophobia is a gross violation of human rights which threatens our cause for a just and equal society and needs to be uprooted in our consciousness for a better society.
Enquiries:
Advocate Mthunzi Mhaga
Spokesperson for the Department of Justice and Constitutional Development
Cell: 083 641 8141
