PRESS RELEASE: Decisions made at the UN Human Rights Council by the South African delegation simply contradict our constitution

Lawyers for Human Rights (LHR) is disappointed by the performance of the South African delegation at the recent session of the United Nation Human Rights Council. South Africa abstained from a vote on the appointment of an independent UN watchdog for LGBTI Rights; voted against a resolution on internet freedom, privacy and freedom of expression; and voted against a resolution on protecting civil society spaces.

The decision not to vote is not only shocking but can be read as a sign that the South African government with its nominated delegation no longer promotes progressive establishments such as these, which are clearly enshrined in our constitution. By not voting in the session that discussed the appointment of an expert to oversee that LGTBI rights are protected and by voting against internet freedom, privacy and freedom of expression, and the protection of civil society, the delegation has made it clear that South Africa, no longer promotes equality regardless of ones’ sexual orientation, that internet freedom, privacy, and freedom of expression as well as a robust civil society environment are soon to be a thing of the past in South Africa. Civil society organisations and activists should also be deeply concerned about their continue freedom to mobilize and advocate.

The UN resolution on LGBTI rights is profound as it will contribute towards the strengthening protections for lesbian, gay, bisexual and transgender people across the world. The UN committee voted to appoint an independent expert to monitor and report on violence against individuals on the basis of sexual orientation and gender identity. The expert will look into ways to curb violence against gay, bisexual and transgender people; report annually on developments; and support national efforts to combat violence and discrimination based on sexual orientation.

South Africa has previously shown progressive leadership on LGBTI rights on the African continent, despite the criticism of other African countries with a poor track record in this regard. In March this year, the South African Human Rights Commission even hosted the first regional seminar on violence and discrimination based on sexual orientation, gender identity and expression. The Minister of Justice called on all African communities to end such violence and discrimination, and South Africa became a signatory to the so-called Ekurhuleni Declaration, which was the outcome of the seminar. Now it appears that South Africa is buckling under the peer pressure of bigotry on the continent, describing the UN resolution as “arrogant”, “unnecessary” and “grandstanding”.  

The resolution on internet freedom was aimed at those countries that block access to the internet as a means of freedom of expression, stating that it “condemns unequivocally measures to intentionally prevent or disrupt access to or dissemination of information online in violation of international human rights law and calls on all states to refrain from and cease such measures.” South Africa called for the removal of this provision, and proceeded to vote against the resolution in its entirety, along with Russia and China. In the wake of this vote, Zimbabwe is reported to have cut off access to social media platforms Facebook and WhatsApp today, just as national protests were set to take place. This will undoubtedly limit protestors’ ability to coordinate.

The resolution on civil society spaces was aimed at addressing the country situations where people and organisations that promote and defend human rights and fundamental freedoms frequently face threats, harassment, and attacks. This can include restrictions on freedom of association or expression, or the right to peaceful assembly, or abuse of criminal or civil proceedings. The resolution was aimed at encouraging member states “to create and maintain, in law and in practice, a safe and enabling environment in which civil society can operate free from hindrance and insecurity”.

Jacob van Garderen, national director of LHR, said “South Africa’s stance on these resolutions contradicts its constitutional obligation to protect and promote the Bill of Rights. In the case of a Special Rapporteur on LGBTI rights, such an office can be of tremendous assistance to member states in creating awareness, assessing root causes of violence and discrimination, and monitoring implementation of human rights instruments. It is bizarre that South Africa would not support the creation of such an office.”

All these decisions by the South African government, just leave a lot of questions about the future of our democracy and very little answers.

For more info contact Sanja Bornman on 083 522 2933 or Carol Mohlala 061 906 0353