Homosexuality in South Africa

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South Africa

Homosexuality has a diverse history in South Africa when it comes to the rights of homosexual people, as traditional South African customs, Western imperialism, apartheid and the human rights movement each had different effects.

The constitution of democratic South Africa was the first in the world to prohibit discrimination based on sexual orientation . On December 1, 2006, the country made history by becoming the fifth country in the world and the first country in Africa to open marriage to same-sex partners.

history

Early colonial times

Sodomy was a civil rights violation and was defined as oral or anal sex between men. A 1957 law forbade men from interfering in a sexual act involving more than two people.

apartheid

The apartheid government was hostile to the rights of homosexual people. Homosexual acts could be punished with up to seven years in prison, and the law was used to harass political activists and gay groups.

Regardless of the criminal liability, some LGBT organizations emerged in the late 1970s ; at the time in 1976 the ruling National Party (NP) tightened the sodomy laws. Until the late 1980s, LGBT organizations were segregated according to the "race" line. The Gay Association of South Africa was a predominantly white political organization that initially avoided an official position on apartheid. The membership of the Rand Gay Organization, on the other hand, was composed differently and this organization distanced itself from apartheid politics from the start.

From the 1960s to the late 1980s, the South African military forced white gays and lesbians to undergo countless medical, so-called “healing procedures”, including sex reassignments . This treatment of lesbian soldiers is dealt with in the 2003 documentary Property of the State .

In some cases, the onset of the AIDS epidemic in South Africa prompted LGBT people to the outing , to then working together to prevent the spread of disease and ensure the supply of people with aids.

Anti-discrimination laws

In 1993 the African National Congress (ANC) advocated the legal recognition of same-sex marriages. A provisional constitution from this period prohibited discrimination based on sexual orientation. As a result of the efforts of the LBGT movements and due to the continued support of the ANC, these provisions were incorporated into the new constitution and confirmed under constitutional law in 1996. This made South Africa the first country in the world to expressly state a ban on discrimination based on sexual orientation in its constitution.

In 1998 Parliament passed a so-called “Employment Equality” law. This protects South Africans from discrimination in the workplace based on their sexual orientation. For the catering and service sector, this law was formulated in more detail or expanded in 2000.

Same-Sex Couples Recognition: Same-Sex Marriage

Wedding of two women in Langebaan

In December 2005, the South African Constitutional Court ruled that it was unconstitutional to prevent people of the same sex from marrying one another.

In November 2006 the South African parliament voted with 230 to 41 votes for a bill which on the one hand opened access to civil marriage for same-sex couples and on the other hand introduced the legal institution of a registered partnership for unmarried same-sex and opposite-sex couples . The corresponding law, the Civil Unions Act , was signed by South African Vice President Phumzile Mlambo-Ngcuka on November 30, 2006.

In April 2013, the first same-sex wedding according to the Zulu tradition took place in KwaZulu-Natal .

Social situation

Gay Pride in South Africa

While the constitution and the law postulate total equality between homosexual and heterosexual people, homosexuality is often still a taboo in public opinion, especially outside the cities. According to a poll by the Pew Research Center , 63 percent of South Africans speak out against homosexual relationships and believe that homosexuality should not be accepted.

The chairman of the right-wing NP successor New National Party , Marthinus van Schalkwyk , denied allegations in 1998 that he had paid a man for sex. He explained that he was a "Boerseun" (farmer's son or Boerse's son), which he implied that homosexuality was not found among Afrikaans (a group of white South Africans). LGBT organizations unsuccessfully requested an apology.

Lesbian women from smaller cities are often victims of beatings or rape offenses because of their perceived attitude towards male authority. There is no legislation against so-called "hate crimes" in South Africa and the police are said to ignore such crimes. Human rights activists believe that sexism and homophobia have their roots in entrenched frustrations of male unemployed and poor.

A 2006 survey in the province of KwaZulu-Natal found that 20 percent of gay students and 19 percent of lesbian students had already been sexually abused or raped. Blacks and Indians - who make up a large part of the population there - are affected far more often than whites. Lesbians are often raped with the purported aim of making them straight. This form of rape is also known as corrective rape . Two thirds of the perpetrators are classmates, but teachers and school principals are also among them. Because the victims distrust the health system, they often do not see a doctor. Almost 20 percent of homosexual youth have tried to commit suicide at some point .

See also

literature

  • Shaun De Waal, Anthony Manion, Edwin Cameron, Gay and Lesbian Archives of South Africa: Pride: protest and celebration , Jacana Media, 2006, ISBN 1-77009-261-7 .

Web links

Commons : Homosexuality in South Africa  - Collection of pictures, videos and audio files

Individual evidence

  1. ^ Arthur S. Leonard: South Africa's Highest Court Strikes Down Sodomy Law ( Memento of March 28, 2007 in the Internet Archive ) on SodomyLaws.org
  2. ↑ BBC News: Gay rights win in South Africa , October 9, 1998
  3. ↑ Boycottworldpride ( Memento from July 21, 2006 in the Internet Archive ) (English)
  4. ^ BMJ Journals: Treatment of homosexuality during apartheid
  5. ^ Ana Simo: Apartheid Military Forced Gay Troops Into Sex-Change Operations on The Gully
  6. ↑ Legal text of the Ministry of Labor ( Memento of May 3, 2008 in the Internet Archive ) (English; archive version)
  7. ↑ South African Parliament ( Memento of March 12, 2007 in the Internet Archive ) (English; archive version)
  8. ↑ dha.gov.za: Act 17, 2006 ( Memento of December 19, 2016 in the Internet Archive ).
  9. ↑ queer.de Gay Zulu wedding
  10. ↑ PlanetOut: South African Group Seeks Apology ( February 19, 2012 memento in the Internet Archive ) on SodomyLaws.org, May 4, 1998
  11. ↑ Reuters: Rape New Weapon Against South African Lesbians ( Memento of March 12, 2007 in the Internet Archive ) on SodomyLaws.org, June 28, 2008
  12. ↑ Queer.de: Study: Every 5th Gay Abused , April 20, 2006