South Africa commits to engaging Africa on violence against lesbian, gay, bisexual, transgender and intersex people

The South African delegation to the United Nations Human Rights Council publicly affirmed its support for ending violence against people based on sexual orientation and gender identity. This statement issued through the office of Deputy Minister of International Relations is crucial to address the serious human rights violations that continue to be committed against people based on their sexual orientations and gender identities in Africa and abroad.

On the 21st of March 2011, a “Joint statement on ending violence and related human rights violations based on sexual orientation and gender identity” is to be delivered at the 16th session of the United Nation Human Rights Council in Geneva.

Lesbian, gay, bisexual, transgender, intersex and broader civil society organisations are encouraged by the Deputy Minister’s response expressing South Africa’s support to end human rights violations and violence based on sexual orientation and gender identity, as well as to upholding the Constitution.

We expect that this will translate into South Africa unconditionally endorsing, voting in favour and promoting the Joint Statement.

We also welcome Deputy-Minister Marius Fransman and government’s commitment to actively engage all government’s on the right to freedom and security of the person for all people irrespective of sexual orientation. Deputy-Minister Fransman stated yesterday:

In the light of the importance of this issue, South Africa has decided to take a leading role of proposing an intergovernmental process that will provide a vision to take the issue of sexual orientation forward. This issue is currently being discussed with the African Group to encourage the broad consensus towards an open, inclusive and transparent intergovernmental process that will address the issue directly. South Africa has chosen this approach as a demonstration of its commitment to ending violence against all human beings, irrespective of their sexual orientation or gender identity. … South Africa will not depart from its Constitution.

LGBTI and broader civil society organisations have asked that South Africa takes a pro-active role in promoting the human rights of all people including those of people regardless of sexual orientation and gender identity in all international bodies.

In our view, government’s engagement with the African Group on sexual orientation and gender identity to end violence and related-human rights violence against all persons is vital to LGBTI people on our continent and beyond. This engagement must respectfully engage to end the misconceptions and prejudice of governments across the world.

For LGBTI people in Africa where some of the most egregious hate-informed violence encouraged by governments have occurred this is an imperative based on international law, morality and constitutional requirements.

Minister of Justice Jeff Radebe (in this week) committed government to a concrete plan to work against the extreme hate-crime of “curative rape” of lesbians within a clear time-frame. For us, this is demonstrates a serious commitment to end violence against LGBTI people.

Tomorrow, 18th March 2011 is the final day of endorsement for the “Joint statement on ending violence and related human rights violations based on sexual orientation and gender identity”. On Human Rights Day, the UN Human Rights Council will vote on this statement. We will stand with government in its commitment to end violence against LGBTI people and help it in every way.

17th March 2011

Cape Town Lesbians
Cape Town Pride
Coalition to End Discrimination
Inclusive and Affirming Ministries
Kaleidoscope
Lesbian and Gay Equality Project
Lesbigay Stellenbosch
Ndifuna Ukwazi
SA Gay and Lesbian Alliance Against Defamation
Social Justice Coalition
RainbowUCT

1. On the 21st of March 2011, a “Joint statement on ending violence and related human rights violations based on sexual orientation and gender identity” is to be delivered at the 16th session of the United Nation Human Rights Council in Geneva. This historic statement affirms the need to end violence and human rights violations based on sexual orientation and gender identity. All states have been called upon to endorse the statement by no later than the 18th of March, of which at least 58 have already demonstrated their support.

2. By March 14 2011 South Africa had not yet endorsed the statement and it there was no clear indication if they intended to do so. Concern over this lead to the drafting of a letter on behalf of the Lesbian and Gay Equality Project (LGEP) and the Coalition to End Discrimination. The letter was addressed to the Minister of International Relations and Cooperation Maite Nkoana-Mashabane and to President Jacob Zuma, calling on the South African government to endorse the Joint Statement and to vote in its favour on 21 March 2011.

3. An on-line petition was also launched by the Coalition to End Discrimination calling on Minister Maite Nkoana-Mashabane to give an undertaking that the South African government will endorse the Joint Statement. The petition has garnered over 1000 signatures.

The petition can be found on-line at [http://coalitiontoenddiscrimination.org/petition/hrc-vote-united-nations].

4. On 15 March 2011 International Relations and Cooperation Deputy Minister, Marius Fransman, delivered a briefing offering clarification on the South African government’s position on the Sexual Orientation and Gender Identity Joint Statement. In it he states on behalf of Permanent Representative of South Africa to the United Nations in Geneva, Ambassador J Matjila, that “South Africa supports ending violence and related human rights violations based on sexual orientation and gender identity”. He expressed that South Africa will demonstrate its commitment to ending violence against all people, irrespective of their sexual orientation or gender identity, by proposing an intergovernmental process by which the matter may be advanced. He further expressed that as the discussion in Geneva continues South Africa will continue to be guided by the Constitution.

The full briefing is available on-line at [http://www.polity.org.za/article/sa-fransman-briefing-by-the-deputy-minister-of-international-relations-and-cooperation-on-current-affairs-cape-town-15032011-2011-03-15].

THE ROAD FORWARD

5. The Coalition to End Discrimination welcomes the Deputy’s response expressing South Africa’s support to end human rights violations and violence based on sexual orientation and gender identity, as well as to upholding the Constitution. We expect that this will translate into South Africa unconditionally endorsing and promoting the Joint Statement.

6. In our view, government’s engagement with the African Group on sexual orientation and gender identity to end violence and related-human rights violence against all persons is vital to LGBTI people on our continent and beyond. This engagement must respectfully engage to end the misconceptions and prejudice of governments across the world.

7. For LGBTI people in Africa where some of the most egregious hate-informed violence encouraged by governments have occurred this is an imperative based on international law, morality and constitutional requirements.

8. Minister of Justice Jeff Radebe (in this week) committed government to a concrete plan to work against the extreme hate-crime of “curative rape” of lesbians within a clear time-frame. For us, this is demonstrates a serious commitment to end violence against LGBTI people.

9. Tomorrow, 18th March 2011 is the final day of endorsement for the “Joint statement on ending violence and related human rights violations based on sexual orientation and gender identity”. On Human Rights Day, the UN Human Rights Council will vote on this statement. We will stand with government in its commitment to end violence against LGBTI people and help it in every way.

AVAILABLE FOR COMMENT:

Ellen Wang (Lesbigay Stellenbosch)
084 457 7680 lesbigay [at] sun [dot] ac [dot] za

Mazibuko Jara (Lesbian and Gay Equality Project)
083 651 0271

Rev. Pieter Oberholzer (Inclusive and Affirming Ministries)
082 557 7060 pieter [at] iam [dot] org [dot] za

Sally Gross (Intersex South Africa)