Programme director, cluster partners, colleagues, friends, comrades, and our valued partners in civil society and the Non-Governmental sector, it is indeed pleasing to be part of this event that marks the beginning of a historic partnership between government and the civil society in the fight against homophobic crimes in our country.
Today’s event symbolises a shared devotion by people of South Africa to ensuring that our Constitution becomes a living instrument of law that is respected by all.
We can note with pride that we have a Constitution that has globally positioned South Africa as one of the liberal countries that expressly prohibits all forms of discrimination on the ground of sexual orientation.
In the African continent, we have made a trend-setting mark in the recognition of the human rights of the marginalised group of the Lesbian, Gay, Bisexual, Trans-sexual and Intersex (LGBTI) persons. Our Constitution guarantees all citizens, the right to equal protection and benefit of the law.
However, the guaranteed constitutional protection will remain meaningless to the citizens of this country, if we do not have a legislative framework and accompanying intervention initiatives, which are aimed at concretising the objects of our Constitution. This Intervention Project therefore stands out as an excellent example of further strengthening the legislative frameworks that have been put in place by working together to make human rights REAL for all.
I am proud to announce that the South African legislative framework has, over the years, taken great strides to demonstrate the dedicated commitment of government to the constitutional protection guaranteed to the same-sex persons. For example: As a country, we have legislated against discrimination on sexual orientation in a work environment.
On 15 December 1999, the Domestic Violence Act No 116 of 1998 commenced, in terms of which persons of the same or opposite sex who live or lived together in the nature of a marriage, were included in the definition of a “domestic relationship” and therefore qualified to receive legal protection against domestic violence, in terms of this Act.
The Promotion of Equality and Prevention of Unfair Discrimination Act No 4 of 2000, commenced on 16 June 2003 and the introduction of Equality Courts also gave further effect to the spirit of the Constitution, in particular the promotion of equal enjoyment of all rights and freedoms by every person.
On 30 November 2006, we gained further global recognition when we became the fifth country in the world and the first nation in the African continent to grant official recognition to same-sex marriages, with the commencement of the Civil Union Act, No 17 of 2006. (Before the commencement of the Civil Union Act, the family law dispensation as it existed after the commencement of the Constitution did not provide for same - sex couples to enjoy the status and the benefits coupled with the responsibilities that marriages accord to opposite-sex couples.)
It is also possible for same-sex couples to adopt children.
The Alteration of Sex Description and Sex Act No. 49 of 2003, that commenced on 15 March 2004, makes it possible for any person whose sexual characteristics have been altered by surgical or medical treatment, or by evolvement through natural development resulting in reassignment, or any person who is intersexed, to apply to the Department of Home Affairs for the alteration of the sex description on his or her birth.
Programme Director, the list goes on. Our Parliament has passed a lot more pieces of legislation that continue to promote the constitutional rights of the LGBTI persons.
However, we cannot be oblivious of the increasing violent crimes that the LGBTI persons are currently faced with. At present, more and more lesbian women are becoming victims of hate-driven murders and homophobic rape (previously referred to as ‘Corrective Rape’).
Recently, we have seen another form of hate crime emerging against gay men. A rising number of ‘gay killings’ have been reported, especially in the area of Johannesburg.
Ladies and gentlemen, today I stand to publicly condemn all forms of criminal behaviour perpetrated against LGBTI persons. As the Department of Justice and Constitutional Development, we strongly denounce these gay killings, and we will not to rest until all forms of hate crimes are uprooted from our society. Once again, we publicly deplore all violent behaviours that legitimise heterosexuality against homosexuality.
Programme Director, at this time, it gives me pleasure to announce that the National Task Team on LGBTI Issues has now been formally constituted. Today marks the beginning of the very first working session of this Team.
This National Task Team carries the official mandate from the Honourable Minister of Justice and Constitutional Development, Mr Jeff Radebe, MP, to develop the National Intervention Strategy on LGBTI crime-related issues. This strategy is mainly aimed at crafting ways to end all homophobic crimes, including the current homophobic rape and murder crimes.
The Constitution of the National Task Team has drawn representation from our diversified expertise in this field. I am informed that this Team represents a careful selection of members of the cluster government departments and 10 representatives of NGOs and civil society organisations- leading in the LGBTI sector.
The purpose of this 3-day workshop is for the Task Team to deliberate and plan for the work ahead so that, through its dedicated efforts, by the end of this financial year, our country is in possession of a well-defined strategy to deal with all forms of homophobic crimes.
A limited number of priority areas that builds into distinct work-streams must be collectively identified, and I therefore urge the team to consider, as key focus areas of the proposed Intervention Strategy:
- Research and Policy Development,
- Legislative Review and Development,
- Information Management, which will consider, among other things, the development of a reliable and integrated system of collecting statistics in LGBTI-related crimes,
- Training and Development, aimed at developing the appropriate skills in dealing with these cases,
- Public awareness and Education on LGBTI issues, and last, but not least,
- Monitoring and Evaluation.
It is pleasing to note that the diversified-skilled representation to this Task Team provides a platform for the South African nation to collectively craft a strategy that will define the distinct intervention roles and tasks of government and the civil society when responding to the emerging violence against LGBTI persons.
It is through joint efforts of this nature that we continue to demonstrate to the global community our commitment to the values of democracy. It is indeed a pleasure to note that the Department of Justice and Constitutional Development recently participated in the commemoration of the International LGBTI Week. Our firm voice of commitment to making this country a safe place for the LGBTI’s was, during this week, heard over a number of leading media broadcasting corporations. For the very first time, we made history and became the firstgovernment department that had a public stall in the recent International Conference on LGBTI held in Gauteng.
The department also initiatedand participated a number of interventions. In this financial year, we have already held 27 Information Sessions on Social Context in LGBTI Matters countrywide, and reached 1 010 court personnel. These sessions are still ongoing and are aimed at dismantling stereotypes and mindsets that infringe the constitutional rights of the LGBTIs in our court system.
The power of cultural beliefs and practices has made many LGBTI persons victims of hate speech and crime. As a way of intervention in this area, the department is currently engaging with the National House of Traditional Leaders to explore ways of bridging the existing gulf between culture and the Constitution.
As part of this year’s commemoration of the 16 Days of Activism of No Violence against Women, the Department and the Traditional Leadership sector will be jointly holding an Indaba to promote the protection of lesbian women against homophobic violence in rural communities. It is anticipated that many of the deliberations that will emerge from this Indaba will have a bearing to the work of this Task Team, and for that reason, I urge you to consider participating in this planned event in your capacity as the crafters of the National Intervention Strategy.
Conclusion:
As I conclude, I wish to express my deepest appreciation to the members of this National Task Team. The continued support and the generous contributions of the civil society in this process are acknowledged with great admiration and respect.
I wish you well in your deliberations and we are looking forward to the recommendations that will emanate from this working assembly.
With those words, I officially declare this working assembly open.
I thank you.
