Deputy Minister of Police
Deputy Minister of Human Settlements
Chairperson of Free Gender community-based organisation
Police and government officials gathered here
Community of Khayelitsha
We are here today to express government commitment to protect everyone’s right to security. The Deputy Minister will address the issue around how the law enforcement agencies are responding to the challenge. As our department is responsible for mainstreaming of gender, I would like to focus on what government has done over the past years to protect the right to sexual orientation.
Section 9(3) of the Constitution of the Republic of South Africa of 1996 was the first in the world to directly prohibit discrimination based on sexual orientation. The Constitutional Court has confirmed this protection of the right to freedom of sexual orientation on several occasions and the legislature has followed suit through the enactment of various pieces of legislation.
Parliament was given one year to pass legislation that would address the unconstitutional discrimination and in November 2006, Parliament voted in favour of the Civil Unions Act to allow same-sex civil marriage.
Major strides towards equality were also made through:
- Allowing homosexuals to serve openly in the military since 1998
- And the right to change legal gender in 2003.
Other examples of legislation giving effect to the imperative not to discriminate unfairly are found in the Employment Equity Act, Promotion of Equality and Prevention of Unfair Discrimination Act and the Domestic Violence Act. Equality Courts have been established to address complaints of unfair discrimination, harassment and hate speech. Although South Africa does not have any hate crimes legislation, crimes motivated by hate can be prosecuted and finalised in our courts.
At an international front in June of this year, South Africa provided progressive leadership on this topic before the United Nations Human Rights Council. Supported by Brazil, South Africa sponsored the first ever resolution that affirms the universality of human rights and notes with concern acts of violence and discrimination based on sexual orientation and gender identity. The resolution aims to “open the long closed doors of dialogue,” and states that “Everyone is entitled to all rights and freedom without distinction of any kind”.
This resolution highlights the human rights abuses and violations that lesbians, gays, bi-sexual, transgender and inter-sexual people around the world face, including rape and killing based on their identity and sexual orientation.
Despite the Constitutional and legal system in South Africa ensuring equality, the cases of attacks on gays and lesbians demonstrate that social acceptance is lacking. There have been a number of cases in where lesbian women have been the victims of murder, beating or rape. Government is concerned about manifestation of the scourge of violence against women affecting our country.
Prejudice causes victimisation and it subjects lesbians, gays, bi-sexual, transgender and inter-sexual persons to further victimisation when they turn to service providers for assistance. Institutionalised homophobia in the form of negative attitudes and prejudice on the part of those who are supposed to help the victim causes secondary victimisation.
It is within this context that government has formed an Interim Task Team on Lesbians, Gays, Bi-sexual, Transgender and Inter-sexual issues. The Department for Women, Children and People with Disabilities is member of this task team together with Justice, Correctional Services and Police Services. The task, which include organisations representing Lesbians, Gays, Bi-sexual, Transgender and Inter-sexual, is currently developing an intervention plan on the matter of “corrective rape” and other related violations and concerns.
The mandate of the task team is to develop a plan that will be a joint initiative between government and the relevant non-governmental and civil society organisations. I hope that they will finish their work as soon as possible.
I hope we will all work together on implementing this plan once it has been finalised and protect the lives of women whose rights are being violated.
Thank you.
Enquiries:
Siyabulela Makunga
Cell: 072 768 0238
E-mail: siyabulelam1@gmail.com
