South Africa and "Sexual Orientation"

Ubuntu Centre
SOUTH AFRICA

E: theubuntucentre@gmail.com NPO #: 062 063
T: +27 72 044 1024

To: Chairperson of the South African Human Rights Commission
Lawrence Mushwana and all other Commissioners
23 November 2010

It is with great concern we note that South Africa on the 16th November 2010 at the 3rd Committee of the United Nations General Assembly voted to remove sexual orientation from the resolution on extrajudicial, summary and arbitrary executions.

Mentioning sexual orientation as a basis on which people are targeted for killing highlights the extreme vulnerability of persons identifying as lesbian, gay, bisexual, transgendered or intersexed (LGBTI). This is an issue extremely relevant to much of the African continent where persons identifying as LGBTI are often subject to discrimination, crimes such as corrective rapes, violence, torture and even death.

We would like to remind the SAHRC that the South African Constitution 1996 (9.3) guarantees against discrimination based on sexual orientation and that you are mandated and obligated to ensure that the rights of all those that live in South Africa are protected. As persons living with psychosocial disabilities who include members that identify as LGBTI, we would like to highlight that South Africa has signed and ratified the United Nations Convention on the Rights of Persons with Disabilities in 2007 that clearly reaffirms South Africa’s commitment to the universality, indivisibility, interdependence and interrelatedness of all human rights and fundamental freedoms. Furthermore, it recalls the Charter of the United Nations that recognizes the inherent dignity and worth and the equal and inalienable rights of all members of the human family as the foundation of freedom, justice and peace in the world.

Thus, we urge the SAHRC to uphold the Paris Principles and speak out strongly against this decision of the South African government, to issue a statement condemning this decision and to clearly reaffirm the principles of our Constitution that guarantee freedom from discrimination based on sexual orientation.

We urge you to recognize the inherent risk of the psychosocial trauma resulting from discriminatory practices. The message conveyed by the South African government by voting for the elimination of sexual orientation in this resolution in our opinion increases vulnerability, social isolation and exclusion of the LGBTI persons in Africa and thus exposes them to further emotional and physical violence. We interpret this as the blatant disregard and the violation of the inherent dignity of all those that identify with the LGBTI community in South Africa.

Yours sincerely
Annie Robb
Secretary of the Board of Ubuntu, South Africa