Sexuality vs humanity

Scores of homosexuals hit the streets of Langa in Cape Town earlier this year in a march against sexual violence perpetrated against the LGBTI community.

Scores of homosexuals hit the streets of Langa in Cape Town earlier this year in a march against sexual violence perpetrated against the LGBTI community.

Published Dec 5, 2016

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The challenges faced by the LGBTI community in South Africa keep growing despite our liberal constitution, writes Lungile Kubheka.

South Africa is one of the few countries in the world to outlaw discrimination on the basis of sexual orientation and the first in Africa to allow legal marriages between same-sex couples. Our country has the most legally diverse laws in Africa in relation to the advancement of the rights of the lesbian, gay, bisexual, transgender and intersex (LGBTI) community.

Section 9 of our constitution provides basic legal protection for the LGBTI community. It prohibits all unfair discrimination on the basis of sex, gender or sexual orientation. However, the challenges faced by the LGBTI community continue to grow. Discrimination, stigma and homophobia are rife.

South Africa guarantees a wide range of rights for LGBTI individuals. However, the day-to-day reality for many remains grim due to the ongoing harassment, intimidation and violence motivated by a sexual orientation or gender identity bias. Lesbians from urban townships are affected by the heinous practice of “corrective” rapes, in which victims are targeted with the specific goal of “curing” them of homosexuality.

A 2004 Unisa study by psychology professor Juan Nel found that only 41% of rape and sexual abuse incidents against lesbian and gay people in Gauteng were reported to police, 73% of respondents said they did not report victimisation because they did not expect justice, while 43% feared abuse by the police and 33% because they did not want the police to know their sexual orientation.

A 2013 study by the Pew Research Centre shows that up to 61% of South Africans believe society should not accept homosexuality. This is a clear indication that our dialogues need to engage and educate communities about the rights of other people’s sexualities.

The need for platforms that encourage debate and dialogue in rural communities is great. The injustices of hate crime and corrective rape need to be addressed, and although various campaigns are held nationally to advocate for the LGBTI community, these advocacy efforts need to infiltrate to the heart of the community where traditional and religious authority dominates and the most prejudice and injustices occur.

In October, the National Alliance for the Development of Community Advice Offices hosted a series of dialogues that aimed at sensitising about LGBTI rights in rural communities. With support from The Other Foundation and the Gay and Lesbian Network Pietermaritzburg, 10 community advice offices from four provinces were used to advance LGBTI rights. The goal is to create social cohesion in communities through sharing a perspective of basic human rights using an approach aimed at educating, raising awareness and advocating for the rights of the LGBTI community.

In a session in the Free State and Eastern Cape, two case studies surfaced about traditional healers who are lesbian.

What is interesting is that people who are highly traditionalist respect individuals who have the gift of being isangoma because they have a rare connection with their ancestors. One would say that if this is the case, then the traditional leaders should accept the LGBTI because ancestors value them enough to use them as portals to access the living. Unfortunately, the process towards acceptance is not as easy.

In addition, various pastors from KwaZulu-Natal, North West, Free State and Eastern Cape who were among the stakeholders who believe the LGBTI should be accepted in their respective communities.

A pastor from the Eastern Cape said people should understand that it is the spirit, and not the body, that will meet with God when the end comes. He further encouraged the Port St Johns Community Advice Office to engage with the SA Council of Churches on this matter, committing to leading the process.

The idea is not to question religion or tradition on their constitutions or values. The fundamental point of this is to remind citizens that the constitution remains the most supreme law of the country. It is not acceptable that our brothers and sisters are discriminated against employment-wise, mentally, physically and emotionally abused, and brutally murdered because of their sexual orientation.

Through educating the masses and creating awareness, we are empowering community members to combat the discrimination. Ultimately, we envisage that the communities will walk away with the sense that humanity is not defined by sexuality.

The law enforcement agencies should also develop concrete measures by reaching out communities who are vulnerable to hate crimes so as to increase confidence in the police system. The authorities should ensure the thorough investigation and prosecution of all LGBTI hate crimes.

* Kubheka is the strategic support co-ordinator of the National Alliance for the Development of Community Advice Offices, which is committed to the development and long-term sustainability of community advice offices.

** The views expressed here are not necessarily those of Independent Media.

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