Address by Deputy Minister in the Presidency for Women, Youth and Persons with Disabilities: Professor Hlengiwe Mkhize
Introduction
In June 2019, the President of the Republic of South Africa announced the new configured Ministry in the Presidency for women, youth and persons with disabilities. He elevated these sectors of society to the Presidency as they have been marginalised and discriminated against even after 25 years of democracy. This Department has a responsibility to advocate, monitor and ensure implementation of programmes that aim to empower women, youth and persons with disabilities. The department is also responsible for the implementation of the declaration that arose from the Presidential Summit on Gender Based Violence and Femicide (GBVF).
Constitution on Human Rights
South Africa’s Constitution elevates human rights, equality and freedom for all of its citizens, irrespective of gender. Gender equality is a founding principle and core right in the Constitution. Section 9 of the Constitution promotes the rights of all persons to have equal protection and benefit under the law, and to freedom from unfair discrimination on the basis of gender, sex, pregnancy and marital status among others. Section 12 of the Constitution provides for the freedom and security of the person, including freedom from violence. South Africa views violence against women as a violation of human rights, hence freedom from violence is incorporated in the Bill of Rights which is justiciable.
Various laws have been promulgated to give effect to the Constitution’s equality provisions, including the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA), the Employment Equity Act and the Preferential Procurement Policy Framework Act.
Conversation
South Africa has a progressive constitution that protects the rights of the LGBTQIA+ community despite the continued discrimination they continue to face in their daily basis even when trying to access basic human right such as public services like schools and clinics.
As a department, we are embarking on a dialogue with stakeholders to talk to representatives of organisations from all provinces to better understand the socio-economic issues of the sector and develop an intervention strategy to address and change the societal norms and beliefs around sexuality. We want everyone here to know that we do not want to have conversations about them, without them. We are here to seek collaborations and listen to your concerns. We are here to solidify our stance and make sure that our open door is extended to you and your communities.
Policy Environment
In 2003 South Africa enacted the Alteration of Sex Descriptors and Sex Status 49 of 2003, which allows citizens to change their descriptors on their identification documents.
The Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 governs the judicial interpretation of the Equality Clause. In 2005 the promulgation of the Judicial Matters Amendment Act of 2005 changed the legal status of intersex people in South Africa. The amendment saw the Promotion of Equality Act and Prevention of Unfair Discrimination Act 4 of 2000 amended at section 1 by the insertion the definition of intersex and the definition of set-to include intersex.
In 2011 the Department of Justice established the national task team on gender and sexual orientation-based violence with the mandate to develop a National Intervention Strategy for lesbian, Gay, Bisexual, transgender and intersex (LGBTI) sector. The Task Team is constituted by government departments, chapter nine institutions and civil society organisations that specialise in issues related to LGBTI persons.
In 2013 the Department of Justice commissioned the inclusive National Intervention Strategy On Sex-And Gender-based Violence perpetrated against LGBTI persons. Through the strategic framework the government address the gaps in the criminal justice sector between the constitutional rights and the protection for LGBTI persons, address gender and sexual orientation-based violence against LGBTI persons in general, as well as access to justice for LGBTI persons.
The Department of Justice also hosted a national dialogue on the protection and promotion of the Human Rights of Intersex Persons in 2017. The dialogue highlighted the systematic issues affecting gender nonconforming persons and the various forms of violence the experience within their lifecycle.
The Prevention and combating of Hate Crimes and Hate Speech Bill, 2018 was approved by Cabinet in March 2018. However, this Bill bills lapsed automatically when Parliament was dissolved on 7 May 2019. In his Budget speech, Minister for Justice and Correctional Services committed that his Department will revive and introduce into Parliament the Prevention and Combating of Hate Crimes and Hate Speech Bill this financial year (2019/2020).
The hate crime Bill is important as it will require law enforcement agencies to investigate and prosecute crimes committed with bias against LGBTQI+ community. The Bill aims to provide for the offence of hate crime and the offence of hate speech and give effect to the Republic’s obligations in terms of the Constitution and international human rights instruments concerning racism, racial discrimination, xenophobia and related intolerance, in accordance with international law obligations; provide for the offence of hate crime and the offence of hate speech and the prosecution of persons who commit those offences.
The hate crime Bill defines hate crime as an offence recognised under any law, the commission of which by a person is motivated by that person’s prejudice or intolerance towards the victim of the crime. The Bill listed a number of characteristics which includes; gender or gender identity; sex, which includes intersex; or sexual orientation. The Bill criminalises hate crime and any person who commits a hate crime is guilty of an offence and liable on conviction to a sentence.
Education/Awareness
There is also a need for broad education and sensitization of the wider public on homophobia and its detrimental results not only on LGBTQIA+ people but the cohesion, safety and happiness of a community at large. A great deal of work needs to be done to include straight people in fighting for the safety and human rights of LGBTQIA+.
Government’s role in engaging on gender-based violence must take a two-lane approach. In the fast lane, our role is to react to instances of gender-based violence by condemning these actions and educating people on GBV in its different forms, including school bullying. In the slow lane, our vision is to bring about behavioral change. We want a nation that condemns gender-based violence like it condemns racism. I do not wish to compare the two, but I still do not see the public outrage to instances of GBV like I do to instances of racism.
As government, we want gender-based violence to become a household conversation so that both boys and girls are educated on why gender-based violence is wrong, and why the thought of GBV should never enter the minds of individuals as an option.
To do this we need to bring about behavioral change, not through print adverts and billboards, but through persistent campaigns and injection into mainstream media as well as social and online media platforms.
We need to step back and realize that gender-based violence has become so commonplace, that for a long time, all we do is report on it, like car accidents, and not realize how inhumane, and non-sensical it is.
The GBV and Femicide Summit was a call to society as a whole to stop GBV in all its forms. To do this, media has a central role to play in bringing about society-wide change. The media plays a vital role in raising awareness on GBV. It sets the agenda which gives it the power to dictate what people see. Hear as well as shape their attitudes towards different aspects of life. However even in this era of an influx of multi-media tools to communicate, there is still a lack of awareness and dialogue on what comprises GBV, legislation frameworks in place for legal recourse, prevention mechanisms, where to go for help, care and rehabilitation. The media’s core theme should then be about speaking out, education on GBV issues and leading dialogues on coming up with solutions and ideas for prevention and care.
Employment/Economic Empowerment
According to the South African National LGBTI HIV framework 2017 “Economic empowerment means that the LGBTI populations should be able to exercise the same rights as all other workers to safe and fair working conditions, with ongoing skills training, employment and fair credit programmes, and the same potential to support their families and plan for their future as all other members of the general population”
