SA’s failure to support LGBTI rights initiatives might have serious repercussions

By: Yohannes Tesfagabir (BTM, Fellow)

In the history of the struggle for human rights of LGBTI persons, December 18, 2008 registered an important event.

On this particular day, the General Assembly of the United Nations, for the first time in its history, issued a statement confirming that international human rights protections should include sexual orientation and gender identity.

The statement received support from 66 countries, five of which are from Africa.

Given the myth that homosexuality is un-African, having five African countries on the side of LGBTI persons is indeed an encouraging achievement in this homophobic continent.

In 2003, Brazil initiated a similar proposal at the United Nations level, aiming at the elimination of discrimination based on sexual orientation.

The initiative was blocked by few conservative governments and organizations.

While December 18 opened a window of hope for LGBTI persons at international level, the day left some cloud of uncertainty hanging over the status of LGBTI persons in Africa.

South Africa, which is considered an icon of human rights of LGBTI persons, not only in Africa, but also internationally, shockingly abstained from voting in support of the United Nation’s statement.

Apart from the confusion this incident created, given South Africa’s unequivocal constitutional provisions, this incident can have negative repercussions, particularly at the African continent.

For the already homophobic presidents of African countries, including Robert Mugabe of Zimbabwe and Yoweri Museveni of Uganda, South Africa’s position might be a blessing.

Even for other African leaders, however, South Africa’s stand was nothing less than an affirmation of the myth that homosexuality is un-African.

This is disturbing, particularly given the fact that there are a number of African countries that are considering proposals to criminalize homosexuality presently in their respective jurisdictions.
 
Affirmation of human rights of LGBTI persons at the UN level is of a rare event and for that reason, LGBTI people cannot afford to lose such an opportunity to take their human rights to the next level.
In such instances, countries of South African standing are, at the very least, expected to show their support to initiatives aiming at expanding the rights of LGBTI persons.

Indeed, the statement at the UN level was made possible by proposals of individual countries, with the initiative of LGBTI persons’ organizations of course.

For those individuals, who were confused by South Africa’s conduct at the United Nation’s meeting, they did not have to wait long to find out South Africa’s change of position.

South Africa, once again, disappointed human rights activists by demanding the removal of references to sexual orientation from the draft text of the Durban II anti-racism conference.

In this particular instance, South Africa spoke out and demanded that sexual orientation be removed from the lists making prohibited grounds of discrimination.

South Africa should have been among the first countries that should have proposed the inclusion of sexual orientation.

Overall, these incidents indicate that the South African government might be seriously working to undo the human rights achievements that LGBTI persons have recorded thus far.

At a time when homophobic views are still fresh in the African continent, the recent behavior of the South African government casts doubt over the future of LGBTI person’s rights in Africa.

The gravity of possible consequences of this trend demands that human rights organizations take serious measures to at least prevent the happenstance of similar embarrassing incidents before it is too late.

As for the five African countries that supported the United Nation’s statement affirming the rights of LGBTI persons, only time will tell what actions they would take at national level.

The effect of South African position cannot be underestimated. For this reason, human rights organisations, not only those in South Africa but also across the globe, should take this seriously and put pressure on the government of South Africa to stop its regressive steps before it is too late.